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NAB, Sinclair Defend FCC Deregulation to Court

The National Association of Broadcasters and Sinclair have asked a federal court to allow them to weigh in on the request from critics of the Federal Communications Commission's broadcast deregulatory decision that the court block that deregulation. They say that, while not parties to the suit, they are the ones most affected by a stay of the rules. The broadcasters strongly support the FCC's November decision to eliminate crossownership rules and loosen other local ownership restrictions. They reminded the US Court of Appeals for the Third Circuit that it has taken no action on the stay--for one thing, it had given the FCC until Feb. 2 to respond to the request for a stay. NAB and Sinclair say the FCC has given them consent to weigh in, while the petitioners--Prometheus Radio Project and Media Mobilizing Project--have refused to do so. Just in case the court agrees, NAB and Sinclair included their opposition brief in the request it be accepted for filing along with the FCC's response. Basically, their argument is that the emergency stay does not meet the test for granting it, a high bar that includes harm to the petitioners absent a stay and likelihood of victory on appeal.